National Credit Adjusters National Credit adjusters trying to collect a debt that has already been to court and a judgement rendered Ripoff Hutchinson Kansas

Kansas law forbids the enforcement of debts over five years. And also Federal law does protect Social Security income from garnishment. Tell them to go fly a kite and leave you alone. Nothing they have is enforceable and they know it.

Any thing purchased with the social security disability proceeds is also protected per federal law.

Why didn't you tell the OP that his social security / disability money and items purchased from this money was protected? The OP had already been sued and they received a judgement. for another collection agency to sue again is double jeopardy. the matter has already been disposed of in court

Whoever got the judgement can't collect, it was A BAD INVESTMENT BY THE COLLECTION AGENCY to purchase this debt.

James - you need to hitch your wagon to Steve - Florida or Don in Illinois or J - in Ohio. Listen to their counsel.

James I showed you the law regarding SSDI being protected for a reason. it is NOT heresay

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Question: When SSI benefits are paid into a bank account, do they retain their character as protected benefits?

Answer: Yes. The U.S. Supreme Court has held that Social Security funds deposited into a bank account "retained the quality of 145moneys' within the purview of section 407[.]" Philpott v. Essex County Welfare Bd., 409 U.S. 413, 93 S.Ct. 590, 34 L.Ed.2d 608 (1973). Courts have also held that the funds remain exempt from legal process even if they are commingled in a bank account with other funds, so long as they are reasonably traceable to Social Security. NCNB Fin. Servs. V. Shumate, 829 F.Supp. 178 (W.D. Va. 1993), affd. 45 F.3d 427, cert. Denied 115 S.Ct. 2616. Since the prohibition on the attachment of SSI payments is based on the same statutory provisions as apply to Social Security, i.e. section 207 of the Act (42 U.S.C. 407), the reasoning in these cases would apply equally to SSI payments.

Federal law makes your Social Security benefits exempt from levy, garnishment, and assignment.
42 USC 407(a) states: "In general the right of any person to any future payment under this subchapter shall not be transferable or assignable, and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law."

This means that even if a creditor or a collection agency has a judgment against you, they cannot garnish your Social Security payments, nor can they take the money from you after it has been paid to you; for example, the portion of your bank account that is attributable to your social security benefits is exempt from levy or attachment

If your income is exempt from garnishment, then you may wish to put the collection agency on notice to that fact. You could provide this information to the collection agency in writing, keeping a copy of the letter. For example, if your only income is Social Security, which is exempt from garnishment by federal law, then you might write the following: My income consists only of Social Security, which is exempt from garnishment by federal law. You could also include this information with any of your other written correspondence to the agency, e.g., if you sent a cease communication letter.

While this is not a defense to the underlying claim, it does provide the collection agency with knowledge that your only income is exempt from garnishment. If the collection agency successfully sues you and then garnishes your bank account containing exempt funds, then you may have a cause of action against the collection agency

James,

Here is what each letter causes.

The CEASE COMMUNICATIONS letter will usually cause 1 of 2 things to happen. They will just go away, or they will file a lawsuit, usually in retaliation.

The DEBT VALIDATION request letter prevents them from taking further collections actions until after they have provided the validation.

The CEASE COMMUNICATION letter should ONLY be sent when you know the debt is not yours, or the debt has been proven uncollectable due to SOL, etc.

And, as far as the "investment" they have in that account, I would include a request for proof of payment for the debt which would include price paid. This is totally legitimate as they claim to own it. I bet they paid LESS THAN a penny on the dollar for this debt due to the age.

Good luck

So steve I need to send them the validation letter even though I sent the cease letter I will do this tomorrow Thanks so much I didnt know what to do so I sent the cease letter I got the green card back today I will now send the validation letter thanks for the imfo and anymore imformation will be greatly appreciated as I said befor Im sick and really dont feel up to this but I will to get them to leave me alone thanks again

James,

This is the number 1 rule when dealing with any debt collection issue! STAY OFF THE PHONE!! never speak to any debt collector on the phone, as it will NEVER do anything positive for you, and will, in most cases make things worse.

And, NEVER volunteer any information to these lowlife bottomfeeders! NOTHING!!

A JUNK DEBT BUYER is being represented here. The information they have is probably so old it is pre-judgement, so they probably had no idea about the judgemnet prior to you telling them! Now they can use this as another tool against you.

A CEASE COMMUNICATION request at this point is a total waste of time.

Instead, send a DEBT VALIDATION REQUEST. Send this by certified mail, return reciept requested. Be sure to put the certified# on the letter itself, and keep a copy for your records. This is very important as it proves exactly WHAT you sent.

DO NOT sign the letter, JUST PRINT! This is very important as well to protect yourself from forged documents. They could all of a sudden come up with a contract with your signature on it! Not uncommon at all with bottomfeeders.

In this letter, clearly dispute the debt. And DEMAND to see the original signed contract, as well as a full account history and itemization of charges. Also demand proof that they are licensed to collect in your state as well as a FULL chain of title/proof of ownership back to the original charge off by the original creditor.

They would need all of this to beat you in court.

As far as the existing judgement goes, they cannot collect on it unless they can provide all of the info above. And, it may be past SOL anyway. In GA, the SOL on a judgement is 7 years max, and it is not renewable.

It appears that they are wasting their time with this. Send the letter above.

That just it I have nothing when this debt got behind I had become disabled I had good credit until then MBNA didnt want to work with me so I got behind as it is 6 months from the time that you are awarded disablity till you get the first payment. So I had no money to pay I still have nothing that is why woldroff that suied me didnt get anything There is nothing to get.

I did send the cease letter and got the green card back today. Im not trying to be a jack---- I just dont feel like messing with these people Im sick. I have already been sued and I thought it was over but I guess not.

Thanks for the imformation

They can put a lien on any property owned or vehicles owned. Any bank accounts that do not have SSI deposited into are attachable.

They bought the account, and own it, along with the judgment if it wasn't vacated. They can do anything state law allows to collect the judgment, even if you send them a C&D, good luck with that.

K - Wichita, Kansas
U.S.A.

>>> The company bought an investment that is totally uncollectable due to the source of income from the OP .....

HERE IS SOME VERBAGE TO SEND THEM IN A CERTIFIED LETTER: do not sign the letter only type your name also dispute the claim if you are disputing it ...

My income consists only of Social Security, which is exempt from garnishment by federal law. You could also include this information with any of your other written correspondence to the agency, e.g., if you sent a cease communication letter.

Federal law makes your Social Security benefits exempt from levy, garnishment, and assignment.
42 USC 407(a) states:

"In general the right of any person to any future payment under this subchapter shall not be transferable or assignable . . . and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law."

This means that even if a creditor or a collection agency has a judgment against you, they cannot garnish your Social Security payments, nor can they take the money from you after it has been paid to you; for example, the portion of your bank account that is attributable to your social security benefits is exempt from levy or attachment

If your income is exempt from garnishment, then you may wish to put the collection agency on notice to that fact. You could provide this information to the collection agency in writing, keeping a copy of the letter. For example, if your only income is Social Security, which is exempt from garnishment by federal law, then you might write the following: My income consists only of Social Security, which is exempt from garnishment by federal law. You could also include this information with any of your other written correspondence to the agency, e.g., if you sent a cease communication letter. While this is not a defense to the underlying claim, it does provide the collection agency with knowledge that your only income is exempt from garnishment. If the collection agency successfully sues you and then garnishes your bank account containing exempt funds, then you may have a cause of action against the collection
agency

Sorry K - you are incorrect in they can do anything they want ...

Sorry I forgot to also tell you that the Judgement That I was suied for was $2456.61 includeing cost and this company is saying the bal is 6601 and change so something is a miss here

You say they bought the Judgement. That is strange they didnt even know about it. Also they claim to have bought the account from MBNA is that is true MBNA has sold the same account to another collection agency the one that suied me. woldroff and something that has been so long ago. the account was past the statue of limitations even then they won because I didnt know the law and they won by default me not showing up. I have already sent the cease letter we will see thanks anyway

They bought the account, and own it, along with the judgment if it wasn't vacated. They can do anything state law allows to collect the judgment, even if you send them a C&D, good luck with that.